(A) The city will pay each loss; except, that in cases arising from incidents or occurrences for which the city's liability would exist by virtue of the Texas Tort Claims Act (Texas Civil Practices and Remedies Code, Chapter 101), whether or not a claim is made against the city or the city is a defendant in the suit, the city will pay the loss only up to an amount not exceeding the limits of liability provided by the Texas Tort Claims Act, as amended, for a municipality.
(B) In addition to the coverage provided in division (A) of this section, the city will pay the following.
(1) The city's expenses in investigating and defending the claim or lawsuit.
(2) Costs taxed against a plan member in a suit defended under this plan and interest that accrues after entry of judgment before the city has deposited payment with the court on that part of the judgment which does not exceed the limits of coverage established in division (A).
(3) Reasonable expenses of the plan member incurred at the city's request.
(4) Attorney's fees ordered by the court to be paid by the plan member.
('78 Code, § 13-54) (Ord. 989, passed 1-24-94)